In 2017, California legalized lane-splitting to help reduce traffic congestion. However, motorcyclists, as well as other drivers, can be responsible for causing a lane-splitting accident. Courts or insurance companies will typically consider whether the motorcyclist was lane-splitting in a safe manner. If they were speeding or weaving unpredictably, they might bear more responsibility. Conversely, if a motorist makes an unsafe lane change without checking mirrors or signaling, they could be found at fault.
If you were injured in a lane-splitting collision, a motorcycle accident attorney from the Salamati Law Firm in Los Angeles is your strongest advocate to establish which party was at fault for causing the accident and fight to recover the damages you deserve from the at-fault party.
Does California Place Limits on Lane-Splitting?
California has guidelines rather than strict limits on lane-splitting. They help motorcyclists and drivers understand safe practices. The California Highway Patrol (CHP) issued recommendations which include the following:
- Speed Recommendations: Motorcyclists are advised not to lane-split at speeds more than 10 miles per hour faster than surrounding traffic. They are also cautioned to avoid lane-splitting entirely if traffic is moving at 30 miles per hour or faster.
- Awareness of Traffic Conditions: Lane-splitting is safer when traffic is moving slowly or is at a standstill, and riders should always be alert to drivers who may change lanes suddenly.
- Lane Choices: Motorcyclists are encouraged to lane-split between the leftmost lanes (the far left or the lanes nearest the center divider) when possible, as these lanes tend to have fewer lane changes.
- Riding on the shoulder is illegal and is not considered lane-splitting.
- Avoid lane splitting next to large vehicles such as big rigs, buses, motorhomes, etc.
Each motorcycle accident has a unique fact pattern. Investigating and analyzing the facts is necessary to determine who is liable. Given this, you should contact an experienced California motorcycle accident lawyer at Salamati Law as soon as possible after your lane-splitting accident to give us the best opportunity to gather relevant facts while they are still fresh.
What Evidence Will Establish Liability in a California Lane-Splitting Accident?
The rider might be deemed to be at fault for causing a lane-splitting accident in California if they were:
- Traveling above the posted speed limit or generally riding faster than might be deemed safe for given road and traffic conditions.
- Weaving in and out of traffic while lane-splitting, including riding on road shoulders or other areas not meant for regular traffic.
- Failing to use clear signals to indicate lane changes or other maneuvers.
- Not yielding the right-of-way when a forward motorist has signaled an intention to change lanes.
- Following too closely behind another rider or some other vehicle such that there is insufficient room to avoid an accident.
Alternatively, a driver might be deemed to be at fault if they were:
- Changing lanes without signaling
- Speeding
- Straddling lanes to purposely block a rider
- Negligently changing lanes before verifying that the roadway was clear for this maneuver.
In many California lane-splitting accidents, the evidence will show that both parties shared fault for the incident. California law allows injured riders to collect damages even if they were partially at fault. When shared liability is an issue, you need a motorcycle accident lawyer with the skills and expertise to present the evidence in a way that imposes maximum liability on the negligent party.
What Should a Rider Do After Suffering Injuries in a California Lane-Splitting Accident?
The steps to take after a motorcycle accident, whether or not it involved lane-splitting, are the following:
- Exchange contact and insurance coverage information with other parties to the accident.
- Contact and file a report with the police or the local sheriff in the jurisdiction where the accident happened.
- Take photographs of the damaged vehicles from as many angles as possible.
- Note the time of day and prevailing traffic and weather conditions.
- Get names and contact information from third parties who witnessed the accident.
- Determine if any CCTV surveillance cameras or dashcams captured the accident as it happened.
- File an accident report with your insurance company.
- Hire a California motorcycle accident attorney to help you recover the largest available damages award for your injuries.
Promptly alert your insurance carrier that you had an accident. However, do not communicate directly or answer questions from insurance companies that cover the other parties. All communications with other insurers should go through your attorney, who will ensure you are treated fairly and equitably.
Call the Salamati Law Firm to Schedule a Free Consultation
If you’ve been hurt in a California lane-splitting collision, contact Salamati Law in Los Angeles for a free consultation about your right and opportunity to recover damages for your losses and injuries. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries. Se habla español.
